Terms and Conditions of Use
These terms and conditions (“Agreement”) set
forth the general terms and conditions of your use of
www.fusionexcel.my and any of its
related products and services. This
Agreement is legally binding between you,
www.fusionexcel.my and this Website
operator. If you are entering into
this agreement on behalf of a business or other legal entity, you
represent that you have the authority to bind such entity to this
agreement, in which case the terms shall refer to such entity. If
you do not have such authority, or if you do not agree with the
terms of this agreement, you must not accept this agreement and may
not access and use
www.fusionexcel.my and it's Services. By accessing and using
www.fusionexcel.my
and it's Services, you acknowledge that you have read,
understood, and agree to be bound by the terms of this Agreement.
You acknowledge that this Agreement is a contract between you and
the Operator, even though it is electronic and is not physically
signed by you, it governs your use of
www.fusionexcel.my and it's
Services.
Links to other resources
Although www.fusionexcel.my
and it's Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or
affiliation with any linked resource, unless specifically stated
herein. We are not responsible for examining or evaluating, and we
do not warrant the offerings of, any businesses or individuals or
the content of their resources. We do not assume any responsibility
or liability for the actions, products, services, and content of any
other third parties. You should carefully review the legal
statements and other conditions of use of any resource which you
access through a link on
www.fusionexcel.my Your linking to any
other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are
prohibited from using
www.fusionexcel.my and it's Services
(a) for
any unlawful purpose;
(b) to solicit others to perform or
participate in any unlawful acts;
(c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances;
(d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others;
(e)
to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(f)
to submit false or misleading information;
(g) to upload or transmit
viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of
www.fusionexcel.my and it's
Services, third party products and services, or the
Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or
scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere
with or circumvent the security features of
www.fusionexcel.my and it's
Services, third party products and services, or the Internet.
We
reserve the right to terminate your use of
www.fusionexcel.my and it's
Services
for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights
conferred by statute, common law or equity in or in relation to any
copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property
rights, in each case whether registered or unregistered and
including all applications and rights to apply for and be granted,
rights to claim priority from, such rights and all similar or
equivalent rights or forms of protection and any other results of
intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to
you any intellectual property owned by the Operator or third
parties, and all rights, titles, and interests in and to such
property will remain (as between the parties) solely with the
Operator. All trademarks, service marks, graphics and logos used in
connection with
www.fusionexcel.my and it's Services, are trademarks or
registered trademarks of the Operator or its licensors. Other
trademarks, service marks, graphics and logos used in connection
with www.fusionexcel.my and
it's Services may be the trademarks of other third
parties. Your use of
www.fusionexcel.my and it's Services grants you no right or
license to reproduce or otherwise use any of the Operator or third
party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will
the Operator, its affiliates, directors, officers, employees,
agents, suppliers or licensors be liable to any person for any
indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits,
revenue, sales, goodwill, use of content, impact on business,
business interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability,
including, without limitation, contract, tort, warranty, breach of
statutory duty, negligence or otherwise, even if the liable party
has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable
law, the aggregate liability of the Operator and its affiliates,
officers, employees, agents, suppliers and licensors relating to the
services will be limited to an amount greater of one dollar or any
amounts actually paid in cash by you to the Operator for the prior
one month period prior to the first event or occurrence giving rise
to such liability. The limitations and exclusions also apply if this
remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates,
directors, officers, employees, agents, suppliers and licensors
harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or
arising from any third party allegations, claims, actions, disputes,
or demands asserted against any of them as a result of or relating
to your Content, your use of
www.fusionexcel.my and it's Services or any willful
misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent
that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or
portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining
provisions or portions thereof shall remain in full force and
effect.
Resolution of
Disputes
The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive
and procedural laws of Singapore or Malaysia without regard to its rules on
conflicts or choice of law and, to the extent applicable, the laws
of Singapore or Malaysia. The exclusive jurisdiction and venue for actions
related to the subject matter hereof shall be the courts located in
Singapore or Malaysia, and you hereby submit to the personal jurisdiction of
such courts. You hereby waive any right to a jury trial in any
proceeding arising out of or related to this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
Changes and amendments to the Terms and Conditions of Use
We reserve the right to modify this Agreement or its terms related
to www.fusionexcel.my and
it's Services at any time at our discretion. When we
do, we will revise the updated date at the bottom of this page, post
a notification on the main page of
www.fusionexcel.my We may also provide
notice to you in other ways at our discretion, such as through the
contact information you have provided.
An updated version of this Agreement will be effective immediately
upon the posting of the revised Agreement unless otherwise
specified. Your continued use of
www.fusionexcel.my and it's Services after the
effective date of the revised Agreement (or such other act specified
at that time) will constitute your consent to those changes.
Agreement and
Acceptance of these Terms and Conditions
You acknowledge that you have read this Agreement and agree to all
its terms and conditions. By accessing and using
www.fusionexcel.my and it's
Services, you agree to be bound by this Agreement. If you do not
agree to abide by the terms of this Agreement, you are not
authorized to access or use
www.fusionexcel.my and it's Services.
How to
Contact Us
If you have any questions, concerns, or complaints regarding this
Agreement, we encourage you to contact us using the details below:
Robert E Chan -
robertechan@gmail.com
22A Jalan USJ23/3C UEP Subang Jaya 47610 Subang Jaya, Selangor,
Malaysia
338A Anchorvale
Crescent S541338 Singapore
This document was last updated on
Tuesday, 28 November 2023
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